Conciliation in crimes of fraud: an approach from the legalistic spectrum towards the permissibility in the Ecuadorian penal guarantee

Abstract

The general objective of the research is to establish the legal impact of the applicability of conciliation in fraud crimes as an expression of criminal guarantee and its permissibility from a legal and regulatory approach. For this, the reflections and contributions are reflected through a descriptive documentary investigation, therefore, the structure of each of the elements that make up the object of analysis is studied. The sources for the collection of information are bibliohemerographic, normative and jurisprudential. Criminal Law is framed in innovative guidelines by virtue of neo-constitutionalism in order to balance the demands of procedural subjects through institutions that allow legal conflicts to be resolved alternately, as is the case with conciliation, especially in crimes of fraud; This situation could mean a transition from the legalistic spectrum towards permissibility in the Ecuadorian penal guarantee. By way of conclusion, it is argued that, with neo-constitutionalism in Ecuador, there is a paradigm shift in terms of the conception of justice and application of sanctions in the environment of Criminal Law, for this, an expeditious way is the implementation of alternative means. resolution of conflicts, such as conciliation in matters of a criminal nature. This alternative means allows a negotiated solution to the conflict, but with the intervention of state representatives (judge and prosecutor), it is also subject to due process and the clarity that the procedural subjects have, since to that extent the legal spectrum would be protected, proper of Criminal Law, and the criminal guarantee would be implemented, with the permissibility of said application, but adjusted to Law.